To define wrongful terminations, we must say that they are a situation in which an employee has been illegally fired. "The employer's actions must be against the law" or "against the contract". Unless there is an employment contract between a boss and an employee, employment in California is generally considered "at-will".
This means that the boss can fire the employee without giving a reason, but it also means that an employee can resign at any time and for any reason. However, if the termination violates specific labor laws, this general rule does not apply.
If you believe that you are in this situation and that your rights are being violated, you should contact Conexión Legal as soon as possible by calling 1800 201 1220 or writing to us through WhatsApp so that you can receive the best free legal advice, and if applicable, receive the highest possible compensation from the hand of a labor attorney.
A wrongful termination attorney will help you identify if you really have a case and, of course, to carry out your lawsuit and succeed in enforcing your rights
How Can I Identify Wrongful Terminations?
If you are fired for any of the following points, it can be considered wrongful termination:
Discrimination
The boss cannot fire an employee because the employee is of a certain race, nationality, religion, gender, age, sexual orientation or disability, among a variety of other reasons.
Retaliation
A boss can fire an employee for filing a discrimination complaint, filing a workers' compensation claim, or engaging in other protected activity. These "reprisals" are prohibited.
The Employee Refuses to Commit an Illegal Act
A boss cannot fire an employee because the employee refuses to commit an illegal act.
The boss is not following proper termination procedure. Often, employee manuals or company policies provide a procedure to follow before an employee is fired. If the boss violates their own procedures when firing an employee, it may be indicative of discrimination that could lead to a wrongful termination lawsuit.
Whistleblower
A boss can fire an employee for reporting the boss's illegal activities.
Breach of Contract
If a boss and an employee have an employment contract and the terms of this contract dictate it, the boss must demonstrate that they have "just cause" to fire the employee. Employment contracts can be "express or implied".
To prove wrongful termination, a claimant or "employee" must prove a violation of a law such as the FEHA or the existence of an illegal cause such as wrongful termination in violation of public policy.
A proven wrongful termination can result in two main remedies: reinstatement to the position of the wrongfully terminated employee and/or monetary damages to the wrongfully terminated employee. Wrongful termination law is complex.
It is helpful for the employee to consult with a labor attorney to determine whether or not there has been a wrongful termination. Often, the victim does not even realize that they have a reason to take action against their former boss, when it is thought that the employment relationship ended unjustly.
Providing your attorney with evidence of wrongful termination in a wrongful termination lawsuit is vital. There are several things that you can do to keep yourself safe.
Document everything. This is vital in cases of harassment, discrimination, and retaliation. The more evidence you have, the better. Keep lists of names and dates and provide details.
Also make copies of emails and other types of written correspondence that may be direct evidence of illegal behavior or conduct.
Second, do not throw away the employee manual; keep it in a safe place. If you are fired, make sure to take it home.
Regularly learn about your personnel file. In most jurisdictions, the law requires that the employer give you access to your files. Make a copy of the documentation it contains and keep a list of the types of documents found there.
If you need to, you should contact Conexión Legal as soon as possible so that you can receive the best free legal advice, and if applicable, obtain the highest possible compensation.
Follow the steps in the following form to schedule your free consultation appointment.
